A judge has praised a bystander who captured video footage of an ugly late night drunken street brawl which proved crucial as the case came to court.
One man was left with serious injuries after violence involving Thomas Moore flared in Whitehaven at around 1am on April 30.
Footage covertly filmed by a member of the public — standing behind a wall and railings — showed around 90 seconds of sparring and grappling during which 30-year-old Moore was responsible for an attack which left his victim grounded.
The man’s injuries included a fractured eye socket, broken nose and broken finger but elements of the account he gave police were later proved by the video footage to be inaccurate.
Carlisle Crown Court heard the inebriated men knew each other, with the defence suggesting Moore had been goaded along the road by the other man before lashing out against amid a history which involved a former partner.
“He knows he should not have reacted,” said Moore’s barrister, Kim Whittlestone, who explained it really was a moment of madness.
Moore, of Birch Close, Workington, had admitted causing grievous bodily harm during an earlier magistrates’ court hearing. He had been the subject of a detailed probation service pre-sentence report since then and was backed by a raft of positive character references.
“It is plain you are remorseful for what happened on that night,” Judge Ian Unsworth KC told Moore as he imposed a 12-month community order.
The judge added: “The court is extremely grateful to the member of the public who saw fit to film this incident. If it were not for that footage, the facts as presented in the complainant’s case statement, upon which the police summary was drawn, would simply be inaccurate.
“In my judgement the footage is the best record of what happened that night. I have come to the view this was a short-lived, impulsive outbreak of violence set against a background of previous relationship difficulties.”
As part of his punishment, Moore must also complete 200 hours’ unpaid work and a rehabilitation requirement.
